Nearly everyone would agree with the Second Circuit that Beethoven, Einstein, and Michelangelo were each “unique” in their own right and that “nature made them and then broke the mold.” But how many would agree with the court that a title insurance salesman could be unique?
This is precisely what the Second Circuit recently held in Ticor Title Ins. Co. v. Cohen, [FOOTNOTE 1]in the context of determining the enforceability of a post-employment non-compete covenant.
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